A.S. Supehia, J. - (1.)Rule. Mr. H.S. Munshaw, learned advocate appearing for respondent No. 2-contesting respondent as well as Mr. Rohan Shah, learned Assistant Government Pleader waive service of rule on behalf of respondent No. 1-State respectively.
(2.)In the present writ petition, the petitioner has challenged the order dtd. 12/12/2008 passed by the respondent No. 2-Deputy District Development Officer, Banaskanatha as well as the communication dtd. 11/8/2017. By the order dtd. 12/12/2008, the petitioner has been terminated from the services in view of a criminal complaint filed against him under the provisions of the Prevention of Corruption Act, 1988 (for short Corruption Act).
(3.)The petitioner was serving as Talati cum Mantri and was appointed on 27/2/2004. An F.I.R. being CR No. I-07 of 2008 was registered with the Palanpur ACB Police Station, Banaskantha for the offences under Ss. 7, 13(1)(d) and 13(2) of the Corruption Act, inter-alia alleging that the petitioner has accepted bribe of Rs.1,250.00. By the order dtd. 12/12/2008, without holding any departmental inquiry, the petitioner was terminated from service. Thereafter, by the judgment and order dtd. 30/8/2016 passed by the Court of Additional Sessions Judge, Banaskantha in Special (ACB) Case No. 2 of 2016, the petitioner is acquitted from the aforesaid offences.